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3 possible roadblocks to a successful wrongful termination claim

On Behalf of | Mar 28, 2024 | Employment Law

Losing a job is devastating, but when it seems unjust, fueled by prejudice or retaliation, more than your livelihood may be at stake. Wrongful termination violates your legal rights and leaves you with a deep sense of injustice.

Fortunately, state and federal laws offer legal recourse. Holding your employer accountable can offer closure and justice and may even provide financial compensation. Anticipating potential hurdles allows you to address them proactively, getting your case off to a good start.

Burden of proof

Unfortunately, victims bear the burden of proving their employer violated the law when firing them. That means you must gather evidence showing your employer’s reason for firing you may have been a pretext for an unlawful discharge.

Keep a log of events surrounding your termination. Save copies of performance reviews, disciplinary actions and communications with your employer as evidence for your claim.

Statutory time limits

Each state and federal agency responsible for enforcing employee mistreatment laws maintains specific deadlines for filing a claim. Missing them can significantly weaken your position or even bar your claim entirely.

Potentially adding further complexity, these deadlines are likely to be different. Understanding the relevant state and federal laws is vital, especially if your termination was discriminatory.

At-will employment

Pennsylvania follows the at-will employment model — meaning you or your boss can end the association for any reason or no reason (unless you have an employment contract). However, this doctrine does not grant employers the right to fire workers out of discrimination or another unlawful reason.

Having experienced legal guidance can add considerable weight to your case. This can help with the investigation and gathering of evidence that supports your account of your termination.